What is the Statute of Limitations for Auto Accidents in VA?

Person driving car

When you are injured in an auto accident, you likely want to spend all of your energy recovering from your injuries. But how long do you have to bring a claim against the other driver who caused your injuries? 

In most cases, the length of time you have to bring a lawsuit, known as the statute of limitations, is two years from the date of the accident. The purpose of the statute of limitations is to prevent people from bringing a claim long after the evidence is greatly diminished or becomes unreliable. If you fail to bring a lawsuit within the statute of limitations, you will be barred from bringing your claim altogether and may have no other legal recourse for compensation. 

Fatal Car Accidents 

Fatal car accidents also carry a statute of limitations of two years. However, if you are bringing a wrongful death lawsuit on behalf of your loved one, the clock for two years begins on the date of your loved ones passing as opposed to the date of the accident. For instance, if the accident killed your loved one immediately, the clock would start on the date of the accident. But if your loved one passed two days after the accident, that would be the date that the two year statute of limitations would begin. 

Government-Owned or Operated Vehicles

If the vehicle that caused the injury or death was government-owned or operated, the statute of limitations is generally reduce to one year. You would have one year to notify the relevant government agency of your claim. You must notify the agency in writing. 

Factors that Can Impact the VA Statute of Limitations for Auto Accidents

While you should always comply with the statute of limitations, the relevant date for when the clock starts may differ based upon various factors, such as:

  • The age of the injured party
  • Whether the at-fault driver is incarcerated
  • Whether a disability prevented the injured party from beginning to bring a claim

Since every auto accident is different, it’s in your best interest to consult with an experienced Virginia personal injury attorney who can help to ensure that you comply with all relevant laws, including the statute of limitations. It’s best to reach out to an attorney as soon as possible so that you don’t miss the deadline.

Surovell Isaacs & Levy PLC Can Help Those in VA Who Have Been Injured in an Auto Accident

If you or a loved one has been injured or killed in an auto accident, it can impact just about every part of your life. You shouldn’t have to worry about fighting for compensation when a knowledgeable and experienced Virginia personal injury attorney can do so for you. At Surovell Isaacs & Levy PLC, we will help you to fight for what it is that you and your loved ones deserve. To learn more or to schedule a consultation, contact us today!

Posted in: Car Accident